Your Rights Afforded To You During an Arrest

20 Jun Your Rights Afforded To You During an Arrest

Should you have come across a decent amount of television and movies, you might have watched some scenes that detail an arrest. An officer places the handcuffs on the assailant and they read out the Miranda Warning.

Generally it will be read as follows: “You have the right to remain silent; anything you say may be used against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.”

That might be a clever little sound byte for the big or small screen, but it is actually important from the perspective of the arrested party to be aware of what these legal rights pertain to.

The history of this alteration in US law dates back to a Supreme Court ruling from 1966 following the Miranda vs. Arizona case. The intention was to make any assailant under arrest completely aware of their Fifth Amendment rights that ensured citizens could be free from self-incrimination.

It might sound like common sense from a distance, but under the pressure and anxiety of being arrested in the moment, that awareness can be lost as anger, frustration and fear overtakes all degree of logic.

So what are your rights should you be placed in the unfortunate and worrisome position of being arrested? Here is what you should know.

To Remain Silent

Whilst a police officer or law enforcement official on the scene will likely ask questions and demand a statement, you have the right to refuse and remain silent. This follows the ruling and stipulation that anything you say may be used against you in a court of law, something that makes it more pertinent for an assailant to consider speaking on the issue after discussing the incident with a lawyer.

To Consult An Attorney

Although your attorney is likely not to be present at the time of the arrest, you are entitled to speak with them before going on the record with law enforcement.

To Be Appointed An Attorney

If you cannot afford an attorney, then one will be appointed by the court should the arrested party request one. In some cases, the arrested individual will simply make a statement to law enforcement directly, although they have the right to wait for a court-appointed attorney beforehand.

What Happens Next?

An arrested party will need to go through the booking process whereby further information and a photo will be taken for the police record.